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Ironically, the leading such case is the poster-child for the theory of efficient breach, that is, the Overbidder Paradigm.
In such cases, therefore, if the seller breaches and sells to an overbidder, what looks like disgorgement is actually a form of expectation damages, because the promisor has paid for the right to any profit derived from selling to the overbidder.
Some cases hold that on those facts the buyer is only entitled to the difference between the contract price and the market price, and that the price paid by the overbidder is evidence of market price but is not determinative.
If a commodity is homogeneous and not in critically short supply, an overbidder will not pay the seller more for the commodity than the market price.
Even then, in the Overbidder Paradigm disgorgement is unnecessary unless the price paid by the overbidder exceeds the market price of the commodity.
In cases that fall within the Overbidder Paradigm, for example, the buyer would not get an undue windfall as a result of not paying the seller for its efforts to find the overbidder, because the buyer paid the seller a premium not to engage in those efforts.
Posner more or less admitted that if an overbidder values the contracted-for commodity more than the buyer, the overbidder will end up with the commodity even if the seller is not allowed to breach.
Accordingly, the expectation and disgorgement measures may diverge in overbidder cases because the price paid by the overbidder exceeds the constructed market price, due to the dynamics of the negotiation between the seller and the overbidder, or because the overbidder was not well-informed, or had a special strategic need for the property, or was willing to pay at the top end of the range of comparable transactions, while the construct falls in the mid-range.